Maryna holds the BA, LLB, LLM degrees and is a Director at the Cape Town offices of STBB. She is an admitted Attorney, Notary Public and Conveyancer with many years of experience in the field of property law and conveyancing. She is also the firm's Marketing Director and attends to external publications for the firm as well as conducts ongoing training for estate agent and bankers training and is a regular seminar presenter for attorneys and property practitioners.

Property Law Update | Issue 14 – 2018

BUILDING PLANS: APPEAL TO REVIEW BOARD UNCONSTITUTIONAL

City of Johannesburg Metropolitan Municipality v Chairman of the National Building Regulations Review Board and Others (CCT186/17) [2018] ZACC 15 (7 June 2018)

In terms of the National Building Regulations and Building Standards Act, a municipality is charged with the duty to approve or reject building plan applications in its jurisdiction. Since the Constitution further grants municipalities autonomy with regards to building regulations and municipal planning, another or ‘higher’ arm of government cannot usurp these powers. The question which arose here was whether the Review Board, established in terms of the aforementioned Act and at national government level, could validly adjudicate appeals against decisions of the municipality to approve plans? The Constitutional Court held that insofar as the Review Board adjudicated on objections, the municipality’s powers was usurped, and the action unconstitutional. Going forward, the make-up of an appeals board will therefore have to be amended so as to retain the decision-making authority within the municipality.

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The Judgment
Summary of the Judgment

STBB’s STSMA REFERENCE GUIDE

In this, the fifty-sixth set of notes for your STSMA Reference Guide, Prescribed Conduct Rule 4 is discussed.

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Prescribed Conduct Rule 4
(N.B. Print in landscape)